Creating Your Written Supported Decision-Making Agreement

Creating your SDM agreement

Now it’s time to put your ideas together in one place — your SDM Agreement!

Your plan shows:

  • How you want to be supported
  • When you want support
  • Who your supporters will be

It’s not necessary to have an attorney assist you with drafting your SDM Agreement, but it can be helpful.

This section — along with the sample Rhode Island SDM Agreement — explains what you need to include to make sure your agreement meets the requirements of Rhode Island law. It’s still a good idea to have an attorney review your agreement before you use it. Disability Rights Rhode Island can help, and there are also private attorneys in the state who offer this service. What matters most is that your agreement includes all of the information listed below and is signed the way the law requires.

Rhode Island Supported Decision-Making Agreements

In Rhode Island, your SDM Agreement must include: 

  • The kinds of decisions you want help with from your supporters
  • The kinds of decisions for which you do not want help from your supporters
  • The name of at least one supporter
  • A statement that your supporter agrees to help
  • The relationship between you and your supporter
Closeup lawyer or insurance agent pointing at contract showing male client where to signature sign.

Signing: 

You and your supporter must sign the agreement in front of two adult witnesses OR a notary public.

Witnesses cannot be:

  • A supporter named in the agreement
  • The supporter’s employee or representative
  • Someone who cannot communicate with you. For example, if you use American Sign Language (ASL), your witness must be able to use it too.

Changing Your Mind

It’s very important for you to know that you can end (or “revoke”) your SDM Agreement anytime by writing it down and telling your supporters. Your choices and control always come first. You don’t have to say why, or provide a reason, it is your choice.

Rhode Island Supported Decision-Making Agreement

The actual process of filling out a SDM Agreement is straightforward. You can find a fillable SDM Agreement form here. You can add any amount of information to this if you like, but this is the minimum amount of information your SDM Agreement must include in Rhode Island.

Here is a sample SDM Agreement for an individual in Rhode Island, which complies with all the requirements of the RI SDM law.

Legal Limits of Supported Decision-Making

If you want additional legal protection, it doesn’t mean you need a guardianship. For example, you might want to ensure you are protected during a medical emergency if you cannot speak for yourself. For such limited purposes, there are alternatives such as a Power of Attorney, an option less restrictive than a guardianship. There are other alternatives as well. 

If you are interested in additional alternatives, DRRI recommends that you discuss these options, and how they affect your legal rights, with a trusted legal expert. 

For information about additional alternatives to guardianship, please see the “SDM Resources” Section. Disability Rights Rhode Island can help with SDM Agreements and with information about less restrictive tools – like Powers of Attorney – to help you with decision-making.  

If you need help with questions about creating a SDM Agreement in Rhode Island, please submit DRRI’s online intake form HERE.